Okaloosa County BOCC — November 16, 2013 — HB 269 2013 — reading text

violation within a set period of time 419 would then result in the institution of further disciplinary 420 proceedings. Page 15 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 421 Section 11. Section 489.514, Florida Statutes, is amended 422 to read: 423 489.514 Certification for registered contractors; 424 grandfathering provisions.— 425 (1) The board shall, upon receipt of a completed 426 application, appropriate fee, and proof of compliance with the 427 provisions of this section, issue: 428 (a) To an applying registered electrical contractor, a 429 certificate as an electrical contractor, as defined in s. 430 489.505(12); or 431 (b) To an applying registered alarm system contractor, a 432 certificate in the matching alarm system contractor category, as 433 defined in s. 489.505(2)(a) or (b); or 434 (c) To an applying registered electrical specialty 435 contractor, a certificate in the matching electrical specialty 436 contractor category, as defined in s. 489.505(19). 437 (2) Any contractor registered under this part who makes 438 application under this section to the board shall meet each of 439 the following requirements for certification: 440 (a) Currently holds a valid registered local license in 441 the category of electrical contractor, alarm system contractor, 442 or electrical specialty contractor. 443 (b) Has, for that category, passed a written, proctored 444 examination that the board finds to be substantially similar to 445 the examination required to be licensed as a certified 446 contractor under this part. For purposes of this subsection, a 447 written, proctored examination such as that produced by the 448 National Assessment Institute, Block and Associates, NAI/Block, Page 16 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 449 Experior Assessments, Professional Testing, Inc., or Assessment 450 Systems, Inc., shall be considered to be substantially similar 451 to the examination required to be licensed as a certified 452 contractor. The board may not impose or make any requirements 453 regarding the nature or content of these cited examinations. 454 (c) Has at least 5 years of experience as a contractor in 455 that contracting category, or as an inspector or building 456 administrator with oversight over that category, at the time of 457 application. For contractors, only time periods in which the 458 contractor license is active and the contractor is not on 459 probation shall count toward the 5 years required under this 460 subsection. 461 (d) Has not had his or her contractor's license revoked at 462 any time, had his or her contractor's license suspended in the 463 last 5 years, or been assessed a fine in excess of $500 in the 464 last 5 years. 465 (e) Is in compliance with the insurance and financial 466 responsibility requirements in s. 489.515(1)(b). 467 (3) An applicant must make application by November 1, 2015 468 2004, to be licensed pursuant to this section. 469 Section 12. Paragraph (c) and (f) of subsection (4) of 470 section 489.531, Florida Statutes, are amended to read: 471 489.531 Prohibitions; penalties.— 472 (4) Each county or municipality may, at its option, 473 designate one or more of its code enforcement officers, as 474 defined in chapter 162, to enforce, as set out in this 475 subsection, the provisions of subsection (1) against persons who 476 engage in activity for which county or municipal certification Page 17 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 477 is required. 478 (c) The local governing body of the county or municipality 479 may is authorized to enforce codes and ordinances against 480 unlicensed contractors under the provisions of this section and 481 may enact an ordinance establishing procedures for implementing 482 this section, including a schedule of penalties to be assessed 483 by the code enforcement officers. The maximum civil penalty 484 which may be levied may shall not exceed $2,000 $500. Moneys 485 collected pursuant to this section shall be retained locally as 486 provided for by local ordinance and may be set aside in a 487 specific fund to support future enforcement activities against 488 unlicensed contractors. 489 (f) If the enforcement or licensing board or designated 490 special magistrate finds that a violation exists, the 491 enforcement or licensing board or designated special magistrate 492 may order the violator to pay a civil penalty of not less than 493 the amount set forth on the citation but not more than $2,500 494 $500 per day for each violation. In determining the amount of 495 the penalty, the enforcement or licensing board or designated 496 special magistrate shall consider the following factors: 497 1. The gravity of the violation. 498 2. Any actions taken by the violator to correct the 499 violation. 500 3. Any previous violations committed by the violator. 501 Section 13. Present subsections (6) through (11) of 502 section 553.71, Florida Statutes, are redesignated as 503 subsections (7) through (12), respectively, and a new subsection 504 (6) is added to that section, to read: Page 18 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 505 553.71 Definitions.—As used in this part, the term: 506 (6) "Local technical amendment" means an action by a local 507 governing authority that results in a technical change to the 508 Florida Building Code and its local enforcement. 509 Section 14. Subsection (17) of section 553.73, Florida 510 Statutes, is amended to read: 511 553.73 Florida Building Code.— 512 (17) A provision The provisions of section R313 of the 513 most current version of the International Residential Code 514 relating to mandated fire sprinklers may not be incorporated 515 into the Florida Building Code as adopted by the Florida 516 Building Commission and may not be adopted as a local amendment 517 to the Florida Building Code. This subsection does not prohibit 518 the application of cost-saving incentives for residential fire 519 sprinklers that are authorized in the International Residential 520 Code upon a mutual agreement between the builder and the code 521 official. This subsection does not apply to a local government 522 that has a lawfully adopted ordinance relating to fire 523 sprinklers which has been in effect since January 1, 2010. 524 Section 15. Subsection (1) of section 553.74, Florida 525 Statutes, is amended to read: 526 553.74 Florida Building Commission.— 527 (1) The Florida Building Commission is created and located 528 within the Department of Business and Professional Regulation 529 for administrative purposes. Members are shall be appointed by 530 the Governor subject to confirmation by the Senate. The 531 commission is shall be composed of 26 25 members, consisting of 532 the following: Page 19 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 533 (a) One architect registered to practice in this state and 534 actively engaged in the profession. The American Institute of 535 Architects, Florida Section, is encouraged to recommend a list 536 of candidates for consideration. 537 (b) One structural engineer registered to practice in this 538 state and actively engaged in the profession. The Florida 539 Engineering Society is encouraged to recommend a list of 540 candidates for consideration. 541 (c) One air-conditioning or mechanical contractor 542 certified to do business in this state and actively engaged in 543 the profession. The Florida Air Conditioning Contractors 544 Association, the Florida Refrigeration and Air Conditioning 545 Contractors Association, and the Mechanical Contractors 546 Association of Florida are encouraged to recommend a list of 547 candidates for consideration. 548 (d) One electrical contractor certified to do business in 549 this state and actively engaged in the profession. The Florida 550 Electrical Contractors Association and the National Electrical 551 Contractors Association, Florida Chapter, are encouraged to 552 recommend a list of candidates for consideration. 553 (e) One member from fire protection engineering or 554 technology who is actively engaged in the profession. The 555 Florida Chapter of the Society of Fire Protection Engineers and 556 the Florida Fire Marshals and Inspectors Association are 557 encouraged to recommend a list of candidates for consideration. 558 (f) One general contractor certified to do business in 559 this